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OREGON DEPARTMENT OF AVIATION

 

DIVISION 90

AIRPORT LISTINGS

738-090-0010

Purpose

The purpose of this division is to carry out the requirements of ORS 836.610. This division:

(1) Defines terminology used in the division;

(2) Identifies publicly owned airports registered, licensed or otherwise recognized by the Oregon Department of Aviation on or before December 31, 1994, that in 1994, were the base for three or more aircraft;

(3) Identifies privately owned public-use airports that:

(a) Provide important links in air traffic in this state;

(b) Provide essential safety or emergency services; or

(c) Are of economic importance to the county where the airport is located; and

(4) Establishes a process for adding an airport to or deleting an airport from the listings of airports established in OAR 738-090-0030.

Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 836.610
Stats. Implemented: ORS 836.610
Hist.: AERO 1-1999, f. & cert. ef. 3-25-99

738-090-0030

Airport Listings

(1) The list of airports required by ORS 836.610(1) is as follows:

(a) Publicly owned airports registered, licensed or otherwise recognized by the Department on or before December 31, 1994, that in 1994 were the base for three or more aircraft, are as follows: [List not included. See ED. NOTE.]

(b) Privately owned, public use airports that provide important links in air traffic in this state; provide essential safety or emergency services; or are of economic importance to the county where the airport is located, are as follows: [List not included. See ED. NOTE.]

(2) Information to be considered in determining whether the criteria listed in subsection (1)(b) of this rule have been met are in OAR 738-090-0050.

(3) The Department will, at least every five years, review and update the listings of airports in this rule to add or remove airports from the listings as required by ORS 836.610(3). The Board will consider applications by airport sponsors for inclusion on the list, outside of the five-year review and update, as provided in OAR 738-090-0040.

[ED. NOTE: List referenced are available from the agency.]

Stat. Auth.: ORS 184.616, 184.619 & 836.610
Stats. Implemented: ORS 836.610
Hist.: AERO 1-1999, f. & cert. ef. 3-25-99; AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02; AVIA 1-2004, f. & cert. ef. 2-17-04

738-090-0040

Procedure for Adding an Airport to Listings

(1) The procedure for adding a publicly owned airport to Exhibit 1 is as follows:

(a) The airport sponsor shall submit a written request to the Department, to add an airport to the list;

(b) The request shall include documentation that:

(A) The airport is publicly owned;

(B) The airport was registered, licensed or otherwise recognized by the Department on or before December 31, 1994; and

(C) The airport was the base for three or more aircraft in 1994.

(c) The Department shall submit a copy of the airport sponsor's written request to the local government(s) that may be impacted by the change and request written comments on the request. If no comments are received from a local government within 60 days of mailing of the airport sponsor's request, it will be assumed that the local government has no comments on the request. Any comments received by the Department shall be forwarded to the airport sponsor;

(d) The Department shall evaluate the airport sponsor's written request and make a recommendation to the Board whether the proposed addition should be approved or denied;

(e) Upon approval of the Board, the airport shall be added to Exhibit 1 upon filing of formal amendment to the rules; and

(f) If the Board denies the airport sponsor's application, the airport may not be considered for inclusion on the list for at least two years.

(2) The procedure for adding a privately owned airport to Exhibit 2 is as follows:

(a) The airport sponsor shall apply to the Department for site approval as a public use airport on a site approval application form, Form 802-7611, provided by the Department;

(b) The airport sponsor shall submit an application to the FAA on an FAA Form 7480-1, with a proposal to place the airport into a public use category. If the airport currently has a public use airport status, this step is not necessary. (FAA Part 157.5, Notice of Intent);

(c) The Department shall submit a copy of the site approval application to the local government(s) that may be impacted by this change and request written comments on the application. If no comments are received from a local government within 60 days of mailing of the airport sponsor's application, it shall be assumed that the local government has no comments on the application. Any comments received by the Department shall be forwarded to the airport sponsor;

(d) The Department shall request the addresses of all affected property owners from the local governments. "Affected property owners" are those whose property is within 500 feet of an airport boundary, within an approach corridor, or whose use of their property may be directly affected, if the proposed airport is listed, by the requirements of the Land Conservation and Development's rules adopted pursuant to ORS 836.616 and 836.619. The local government shall be responsible for determining which property owners will be affected by the proposed listing of an airport. This address list shall be submitted to the Department within 21 days of a written request from the Department. Failure of the local government to provide this list within the above time lines eliminates the responsibility of the Department to provide notice under this subsection. Upon receipt of the address list, the Department shall provide notice to the affected property owners, at least 20 days but no more than 40 days before the date of the public hearing, sufficient to tell the property owners generally of the effect of including the proposed airport on the list and the opportunity for public comment. The Department shall conduct a public hearing and receive testimony in each county where an airport is located. If more than one airport in a county is proposed for listing, one hearing shall be sufficient to meet this requirement.

(e) The Department shall evaluate the proposal based upon criteria in ORS 836.610(1)(b) and comments received from the airport sponsor, local governments and testimony taken at a public hearing;

(f) The Department shall make a recommendation to the Board whether the proposed action should be approved or denied;

(g) Upon approval of the Board, the airport shall be added to Exhibit 2 upon filing of formal amendment to the rules; and

(h) If the Board denies the airport sponsor's application, the airport may not be considered for inclusion on the list for at least two years.

(3) The Department will comply with the administrative rulemaking requirements in ORS Chapter 183 and its State Agency Coordination Program rule in OAR chapter 731, division 15 when adding airports to the lists in sections (1) and (2) of this rule.

[ED. NOTE: Exhibits referenced are available from the agency.]

Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 836.610
Stats. Implemented: ORS 836.610
Hist.: AERO 1-1999, f. & cert. ef. 3-25-99; AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02

738-090-0050

Information to be Considered in Determining Airport Listings

The Board shall consider the information listed below in determining whether an airport meets the criteria in ORS 836.610(1)(b). The Department shall provide this information to the Board.

(1) To determine whether an airport provides important links in air traffic in this state, the Board shall consider, but is not limited to, the following information:

(a) Number and type of based aircraft;

(b) Annual operations;

(c) Whether an airport is included in the National Plan of Integrated Airports System as identified by the FAA;

(d) Classification of the airport in the state aviation system plan;

(e) The location of the airport in relation to other airports in the area and whether the airport is remote due to geographic features;

(f) Whether the location of the airport is conducive to providing an efficient alternative mode of transportation and has adequate links to other modes of transportation;

(g) Whether the airport is used frequently by businesses as an origination, transfer or destination airport; and

(h) Whether the airport relieves congestion at other airports.

(2) To determine whether an airport provides essential safety or emergency services, the Board shall consider, but is not limited to, the following information:

(a) Whether the location of the airport makes it operationally feasible for efficient use as a search and rescue base and the history of its use as a search and rescue base;

(b) Whether the airport is an emergency landing location due to its geographic location;

(c) Whether the airport provides medical evacuation support due to its proximity to significant highway and transportation corridors and its geographic location;

(d) Whether the airport may be used as a location for fire patrol and suppression aircraft and activities and the history of the airport's use for such activities; and

(e) Whether the airport is a location for law enforcement operations or law enforcement training.

(3) To determine whether an airport is of economic importance to the county where the airport is located, the Board shall consider, but is not limited to, the following information:

(a) Whether the airport supports the economy of the county by providing aviation facilities for aeronautical related activities or businesses, including, but not limited to, hangars, tie downs, maintenance and training facilities;

(b) Whether the airport provides jobs;

(c) Whether the airport provides support to local business and/or governmental agencies. Examples include, but are not limited to, agricultural operations, destination resorts, forest operations, charter flights, military operations and cargo operations;

(d) Whether the airport supports a residential airpark;

(e) Whether the airport provides a location for aeronautic recreation, including but not limited to, aircraft displays, parachuting, ultralights and tourism activities;

(f) Whether the airport provides location for educational opportunities, such as flight instruction; and

(g) Any comments by the county or others relating to the economic importance of the airport to the county.

Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 836.610
Stats. Implemented: ORS 836.610
Hist.: AERO 1-1999, f. & cert. ef. 3-25-99; AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02

738-090-0060

Removing an Airport from Listings

Airports shall be removed from the listing of airports established in OAR 738-090-0030 only upon:

(1) Request of the airport owner; or

(2) Closure of the airport for a period of more than three years.

Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 836.610
Stats. Implemented: ORS 836.610
Hist.: AERO 1-1999, f. & cert. ef. 3-25-99

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